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Home My WebLink AboutItem 18 - Z01-17 and CU01-67 NissanCC ITEM it TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION /r FROM: ROGER NELSON, CITY MANAGER 1 H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: APRIL 16, 2002 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z01-17 AND CONDITIONAL USE APPLICATION CU01-67, NISSAN I, F-7 I ----------------1 Gra5?, APPLICANT: John Hines I � Lakeake t 1 ove I I i I � I.H. 1635 ° Northwest PROPERTY LOCATION AND SIZE: p4e: ' E food, y�. 1 "a The subject property is located at 440 West State Highway 114, Lot 1R-1, Block 1R, Payton -Wright sy D Y Hall -Johnson iso airP°rt a ; Addition. The addition contains 7.003 acres. The t---- o property has approximately 1,103 feet of frontage L _ -� _� along State Highway 114 West. REQUESTED ZONE CHANGE AND CONDITIONAL USE AND COMMENTS: This request to rezone a tract of land from the "HC" Highway Commercial District to the "CC", Community Commercial District with an additional request for a conditional use permit for the sales and service of used cars was tabled from the February 19, 2002 meeting to give the applicant an opportunity to address the Commission's concerns regarding noise, lighting, parking and screening. The applicant is requesting to withdraw the applications from consideration, as stated in the attached letter. The applicant is requesting to rezone a 7.003 acre site from "HC" Highway Commercial District to "CC". Community Commercial District and a request for approval of a conditional use permit to allow the sales and service of used cars with a maximum time limit of two years. 0:/ZCU/ZO1-17.4b April 10, 2002 (1:57PM) 0:/ZCU/CU01-67.4b The applicant is proposing to operate a Nissan dealership at the site. The State of Texas requires all new automobile dealerships to obtain a new vehicle dealer license from the Texas Motor Vehicle Commission. This process usually takes one year to complete, providing there are no appeals involved. In the event of an appeal, the process could take up to two years to complete. The applicant is proposing to utilize the site for the sales and service of used cars until a new vehicle dealer license is obtained. The request to rezone the site to "CC", Community Commercial District is to accommodate the request for used car sales since the sales of used cars is not an allowed use in the Highway Commercial District. The Conditional Use Permit will have a maximum time limit of two years during which time the applicant will be going through the application process with the Texas Motor Vehicle Commission. The conditional use permit will expire either at the time the applicant receives the new vehicle dealer license or at the end of two years, whichever is first. PRESENT ZONING AND USE: The property is currently zoned "HC", Highway Commercial District and is the current site of Payton -Wright Ford. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned in the 1984 City Rezoning from "C-2" Community " Business District to "HC Highway Commercial District. The Board of Zoning Adjustment approved BZA92-27 to allow variances to the minimum open space requirements, maximum impervious area, front yard setbacks, and landscaping requirements and allow some nonconforming uses on the site. Variance request BZA94-12 was approved allowing the above referenced variances as well as a special exception for the expansion of a nonconforming use. BZA96-08 was approved providing for the remodeling or enlargement of a nonconforming use. Conditional Use Permit 96-06, approved in April 1996, allowed for an expansion of the shop building. CU98-16 and SU98-03 were approved in April 1998 for the relocation of an existing flag pole and the collocation of a cellular antenna structure on the flag pole. The First National Bank site, located to the east of the subject site, was rezoned from "C-1" Neighborhood Business District to "PO" Professional Office District at that time. Case No. Z95-16 rezoned the site from "PO" Professional Office District to "HC" Highway Commercial District in November 1995. CU95-29 approved the expansion of the Payton - Wright site onto the western portion of this site. The property to the north was rezoned from"R-1" Single Family District to "R-7.5" Single Family District in the 1984 City Rezoning. It is currently developed as the Bellaire Addition. 0:/ZCU/Z01-17.4b 2 April 1, 2002 (8:32AM) 0:/ZCU/CU01-67.4b ZONE SYSTEMS, INC. March 29, 2002 Mayor and City Council Chairman and Planning and Zoning Commission Members 1 City of Grapevine 200 South Maim Street Grapevine, Texas 76051 Re: Zoning Request ZOt-17 and Conditional Use Application CUOI.-67 440 West State Highway 114 Dear Mayor, Council, Chairman and Commission.: We do not wish to pursue the above referenced requests. By this letter I request that the above two items be withdrawn from consideration by you for the changes in Zoning and uses requested. Thank you for your consideration and the time you have given to out requests. Sincerely, o Peter Kavanagh Cc: Jimmy Payton John Hines 1620 HANDL.EY DRIVE. SUrrE A ' DALL.AS.'1'EXAS 75209 ° (214) 941-4440 ' FAX (214) 941.5259 The property to the west was rezoned from 1-1" Light Industrial District and "R-1" Single Family District to "HC" Highway Commercial District in the 1984 Rezoning. The property has developed as the Haley Addition Planned Commercial Center. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5", Single Family District — Bellaire Addition. SOUTH: "CC", Community Commercial District — Freeman Pontiac dealership, Olive Garden, El Fenix, Tony Roma's and Joe's Crab Shack. EAST: "HC", Highway Commercial District — Payton Wright Ford Van Sales and First State Bank of Texas WEST: "HC", Highway Commercial District — Tia's and Grady's Restaurants The subject tract is located within "Zone A" Zone of Minimal Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. The Master Plan designates the subject property as Commercial. The proposed use complies with this designation. /cj 0:/ZCU/Z01-17.4b 3 April 1, 2002 (8:32AM) 0: WWW01-67.4b 1 « • ast • ,� aa•Ao • w t7 « « • n at Awe E 'ONE ST a 63 38 1 ® r « • • n n • « w,i z 11 2.3C2B0 ItYM ffr � « l.7N• Cm•39 , r , x ' , i * p. ' ' j�• opts A11� K I a a '• ' YAC CU93-� • • « • « a i s s • ! w • 3� CC199 I ,w, j `1 , L- MAC • n < • h a a1 • • • ! 13 • �_,�:� ain • ` „ • YE 2g v"Ai 1 �. { I w I • tL_7°�� { I • • • • '-ter At opt is 16 �.w11Vr' TR GTJ ;r • i • « • n ,wwc•seua I I? 1 I V — ---� rn,wA QJ49-24 ; 5 CU01-39 0"0' � — —`� �, LOT I BLK i L— �- n a : : « f ; AM AC to i' IfxA3 !0 ne+M CU91-17 • '• 1 ✓ .{(fj��/ S s I • u • rn,H TRI • « w «• • a • a • H it �� T « j \ • .' 1E 1\ • • Ir I j UC "f__� QA3-02 ... a: 4%"r'rr: }::::i: '= : }:::} :ri} UNOAMA:� i�,.Hc :' 733-16 ... ...................... .................AMW..... , 21 >w•. -09 w •• 1 CU92.11 I , 1 ♦ E STA 1? CU99-0? Ctj9!4-12 IbC CU94- t, 2a 9 am-22•,�••. F Pmti�c CC ffi Fina; 'Off" CU97-28 C�tdon ge�i gBQ ! _L.4 ;P26' 3 CC Cob Shark cc Cb97-094 O Z01-17, CUOI-67 i" =zoo' issan ZONE CHANGE/CONCEPT PLAN APPLICATION RECEIVED IEC o 3 2001 I APPLICANT/AGENT NAME John Hines Pt A, COMPANY NAME Grapevine Auf-n 10WO T,.T,-r ADDRESS 1800 Peachtree Road N.W. - Suite 600 CITY Atlanta STATE GA — ZIP _30309-2916 PHONE # 404-351-2656 FAX # 404-351-9859 2. APPLICANT'S INTEREST IN SUBJECT PROPERTY Tenant 3. PROPERTY OWNER(S) NAME Payton Realty Mgt., Ltd. ADDRESS c/o, Mr. Jimmy C. Payton, Sr., P. 0. Box 1662 CITY Euless STATE Tx ZIP 76039 PHONE # FAX 4. ADDRESS OF SUBJECT PROPERTY 440 West Highkay 114., arapenzincz,., =_ 7605 - LEGAL DESCRIPTION: LOT IR -1 BLOCK IR ADDITION -Payton-Wright SIZE OF SUBJECT PROPERTY 7.003 ACRES SQUARE FOOTAGE METES & BOUNDS MUST BE DESCRIBED ON 81/2`' X 11" SHEET 5. PRESENT ZONING CLASSIFICATION Hc Hig1way commercial 6. PRESENT USE OF PROPERTY Automobile Sales - 7. -REQUESTED ZONING DISTRICT CC Cammnity Commercial 8. THE APPLICANT UNDERSTANDS THE MASTER PLAN DESIGNATION AND THE MOST RESTRICTIVE ZONE THAT WOULD ALLOW THE PROPOSED USE IS MINIMUM/MAXIMUM DISTRICT SIZE FOR REQUESTED ZONING oz"Wappzn-cp 2 Www.c1.grapevine.tx.Us 1/99 ReC'p, V QAC 2 ea 10. DESCRIBE THE PROPOSED USE Autanobile Sales and service A 7 IM NNING 11. THE CONCEPT PLAN SUBMISSION SHALL MEET THE REQUIREMENTS OF SECTION 45, CONTENTS OF A CONCEPT PLAN, SECTION 45.C. EFFECT OF CONCEPT PLAN ALL SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PLAN SUBMITTED WITH THE ZONING APPLICATION. All Zone Change Requests are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. I have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at tt time of submittal. ig SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN. APPLICANT (PRIP APPLICANT SIGN OWNER (PRINT) OWNER SIGNAT' 3 V99 o:zcu�appzn-cp www.d.grapevineAx.us DEC 0 3 2001 PLANNING State of 'M County of \>1 Ila Before me on this day personally appeared P, known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this Z 7 State of TA=X a County of 7-4 kIra ;i of kovewbeo- Notary Si A.D. Before meXK Vf t4,g re - 11 on this day personally appeared e known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day A.D. 7-0v ,., SEA PE-rER KAN/ANAGH NOTARY PUBLIC OF TEMS OW. E)(p. 08-24-2003 My COE State of TA=X a County of 7-4 kIra ;i of kovewbeo- Notary Si A.D. Before meXK Vf t4,g re - 11 on this day personally appeared e known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day A.D. 7-0v ,., SEAL KAVANAGH ��-� lid �� PE' :� I P BL - 1' T RY u r 4OT.4,RY PUBLIC TEXAS Notary Signature Tx =STATE OF 0 COW. EXP. 08-24-2003 MYC XP 08 0 cu ppzn-cp 4 1/99 d.grapevine.tx.us KtGEIVEa DEC 0 3 ?001 PLANNING BEGINNING at an 5/B.Inch iron rod found at the Northeast corner of said PAYTON- WRIGHT ADDITION; THENCE S 890 28' 36" W a distance of 316.24 feet to a 5/8 -inch Iron rod found; THENCE S 890 23' 49" W a distance of 455.32 feet o a 5/8 -inch iron rod found at the Northwest corner of said PAYTON-WRIGHT ADDITION; THENCE S 000 38' 41" E a distance of 23.91 feet to a 5/8 -inch iron rod found at the Northeast corner of said LOT 1 R, HALEY ADDITION; THENCE S 890 21' 18" W a distance of 157.65 feet to 5/8 -inch Iron rod found at the Northwest corner of sold LOT in, HALEY ADDITION; THENCE S 000 36' 09" E a distance of 295.35 feet eet�nd b/8 -Inch Iron rod eine in the Northeight of - at the Southwest corner of said LOT 1 R, HALEY ADDITION way line of State Highway No. 114; THENCE N 890 49' 54" E along the North right-of-way lixas Highway ne rtm®ntold Smonumtate l•nt oat No. 114, a distance of 505.20 i®h� havi ho a aving us of 1462.40 feet whose center bear: beginning of a curve to the 0 S 000 06' 45" E a distance of 1462.40 feet; THENCE Southeasterly along sold curve and along the North 53 h t distance of 33Bt sold to Highway No. 114 and through a central angle of 13 feet to a Texas Highway department monument; THENCE South 760 59° 19" E along the North right -of founVY lne d a®theld State Southeast comer No. 114 a distance of 94.96 feet to an 3/4 -Inch iron rod of said PAYTOWWRIGHT ADDITION; THENCE N 000 37'470 W a distance of 386.21 feet tothePLACE OF BEGINNING and containing 7.003 acres or 305,034 square feet of la RECEIVED (� DEC 0 3 )011T�0 L - ,�-�� PLANNING T B x " s CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/agent: John Hines / Peter Kavanagh, Zone Systems, Inc. Street address of applicant/agent: / 1620 Handley, Suite A, Dallas, TX 75208 1800 Peachtree Road, NW, Suite 600 City/State/Zip Code of applicant/agent: Atlanta,.Georgia 30309-2516 Telephone number of applicant/ agent:. Fax numb er of applicant / agent: 404-351-2656 / 214-941-4440 404-351-9859 / 214-941-5259 Applicant's interest in subject property: Tenant / representative PART 2. PROPERTY INFORMATION Street address of subject property 440 West Highway 114, Legal description of subject property (metes & bounds must be described on 8 1/2"x 11"sheet) r Lot 1R-1, Block 1R of the Payton—Wright Addition of subject property 7.003 acres Acres 305,034 Square footage Present zoning classification: Proposed use of the property: HC Highway Cotmerc Automobile sales Minimum / maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: Section 25 C. 7. PART 3. PROPERTY OWNER INFORMATION Name of current property owner. Payton Realty Management, Ltd. Street address of property owner. P.O. Box 1662 City/State /Zip Code of property owner. Euless, TX 76039 Telephone number of property owner: Fax number of property owner: ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ in the same letter, describe or show on the site plan, and conditional requirements or conditions Imposed upon the particular conditional use by applicable district regulations (example: buffer yards, distance between users) ❑ In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment of other property In the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. ❑ Application of site plan approval (Section 47, see attached Fort `B"). The sit"lan submission shaft meet the requirements of Section 47, Site Plan Requirements. ❑ AN conditional use and conditional use applications are assumed to be complete when filed and wNl be pfacea on me agenaa ror puouc nearing ar Me discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. 1%1 �' ��tic ❑ AN public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be contin ttf�d 11 hearing. Public hearings will not be tabled. ❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ t have read and understand aN the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that ad re irements of this appkation have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name: The State Of -Te a t/ County Of110 40- % -3- j /� A L401 r`o `n on this day personally appeared c/ C1 vt ►�1 r Before Me e fee' (applicant) (notary) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledaed to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this �o "r"pI,ry �% .... PETER KAVANAGH °o�4gY Pis; ` No f;,RY PUBLIC z- STATE. OF TEXAS ANY Comm. EXP. 08-24-2003 MY Comm. EXP. 08-24-2003 Property Owners Name: The State Of e A County Of Before Me Q- ;� Vq (notary) day of /i/oV e — �)r IA. D. .2 1 0 Notary In And For State Of Texas Property Owner's Signature: on this day personally appeared .! �, N�,1M (property ow e6 known to me (or proved to me on the oath of card or other document) to be the person whose name acknowledged to me that he executed the some for the purposes and consideration therein expressed. A.D. Q 0f . (Sean Gtv IfP6l"I 7 day of, °o�4gY Pis; ` PETER KAVANAGH -a: NoT" ,aF;Y PUBLIC STATE OF TEXAS MY Comm. EXP. 08-24-2003 Sta subscribed to the foregoing instrument and I-- \ \ . §\\§zEW.- »i 9 « /\ z \ J z %/ \ § 0-\\ \ :~ } ' __ / 7 c ® \ G? :§!4\\ ))§\ \\\ kAz ■ 2 b :�,. !r&g< \:; § Mv551 G/!!) ) #!I§-4< \ \! ° Q „ :: m �z „,.,, ..., 3 }!$! \\ z I-- \ \ »i 9 « z \ J z %/ \ § 0-\\ \ 7 c ® \ G? ° 2 b D / \ \ m �z j o 3 \ / \\ z \ < - G E i;z, 3 a 3 ejao A a;lal;\;>!p9#!4 zye ge#A,I!%i \